Kim "Violates fundamental rights, goes against trial principles"
Prosecution "Cannot understand claims of 'investigation errors'"
[Asia Economy Reporter Yoo Byung-don] Former Star Mobility Chairman Kim Bong-hyun continued his dispute with the prosecution by pointing out issues in the investigation during the bail hearing.
Kim’s defense team argued that a non-custodial trial, which guarantees the right to defense for the sake of substantive truth, should be conducted.
The Seoul Southern District Court Criminal Division 13 (Presiding Judge Shin Hyuk-jae) held a bail hearing on the 2nd for former Chairman Kim and Star Mobility Finance Director Kim regarding their bail applications. The defendants, accused of violating the Act on the Aggravated Punishment of Specific Economic Crimes (embezzlement, etc.), had applied for bail last month.
On this day, Kim’s defense team emphasized the problems with the prosecution’s investigation and argued for the necessity of a non-custodial trial.
Kim’s defense lawyer stated, "Since the arrest warrant was issued in April, the detention period has been renewed twice, resulting in nearly seven months of detention," adding, "The prosecution issued segmented arrest warrants for different charges as some warrants expired, which infringes on basic rights."
He continued, "Former Chairman Kim believes the prosecution focused more on political investigations than on the charges against him," adding, "This is a separate and irregular investigation and is very unfair."
Furthermore, Kim’s defense team claimed that some charges were wrongly applied due to false statements made while cooperating with the prosecution’s investigation, thus necessitating a reinvestigation.
They explained, "Regarding the bribery allegation involving former Blue House administrator Kim, former Chairman Kim cooperated with the prosecution’s investigation with the hope of receiving a non-custodial trial and made statements that were not factual," adding, "This part needs to be newly clarified."
They also stated, "Among the charges, there is an allegation that 500 million won was embezzled from Company A, but former Chairman Kim never used this money, so the charge does not hold. According to his memory, the prosecution indicated they would not indict, but the indictment was filed," and appealed, "We also protest this unfairness."
The defense lawyer additionally requested the court to consider that the right to remain silent was not informed during some investigations, that funds were prepared for victim restitution, that there is no risk of evidence destruction or flight, and that bail was applied for with an electronic monitoring bracelet attached.
The prosecution immediately rebutted these claims.
The prosecution argued, "Regarding the charges related to former administrator Kim, he has already admitted all the facts, so it is difficult to understand on what grounds the investigation is claimed to be flawed," adding, "The prosecution investigating Company A never said they would not indict; rather, they only wished for a fair trial."
Regarding the claim about the right to remain silent, they explained, "The defense submitted a recorded transcript as evidence, but this was recorded during an interview after indictment and was not submitted as evidence in this case."
Meanwhile, Finance Director Kim, who was also present at the bail hearing with former Chairman Kim, stated, "Due to the impact of the novel coronavirus (COVID-19), attorney visits at the Southern Detention Center have been suspended, preventing proper defense," adding, "The prosecution has offensive methods while the defendant has no means of defense, raising doubts about whether the trial is reasonable and balanced."
He also requested the court to consider, "The defendant only ran errands as instructed by Kim Bong-hyun and never sought personal gain," and "Please take into account his poor health due to recent surgery."
In response, the prosecution countered, "Other defendants are also being granted limited defense rights through video visits."
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